Drug DUI Attorney in Sarasota

Former Prosecutor. 20 Years of Experience. Ready When You Need Us.

A drug-related DUI allegation in Florida isn’t simply another form of alcohol DUI. There’s no breath-test threshold for drug impairment, and the state relies on different evidence to build its case. At The Quisenberry Law Firm, attorney Jeff Quisenberry has devoted the last 14 years to criminal defense, including both DUI and drug crimes. We draw on that combined background when examining officer observations, toxicology results and the state’s claim that a substance impaired your driving. We handle drug DUI charges in Sarasota’s Twelfth Judicial Circuit.

If you’re accused of drug-impaired driving in Sarasota, time matters. Call (941) 275-2489 now for a free consultation with attorney Jeff Quisenberry.

How Florida’s Drug DUI Law Works

Florida Statute 316.193 applies when a person drives or has actual physical control of a vehicle while affected by a covered chemical or controlled substance to the extent that their normal faculties are impaired. These faculties include the ability to see, hear, walk, talk, judge distances and respond to emergencies. Unlike an alcohol case, a drug DUI prosecution doesn’t depend on proving that the driver exceeded a numerical breath-test limit. The state instead relies heavily on officer observations, driving behavior and laboratory evidence.

Covered substances include cocaine and heroin. The statute also reaches prescription opioids, benzodiazepines and sleep aids, as well as certain over-the-counter products. Having a valid prescription doesn’t resolve the central question: whether the state can prove that the medication impaired those abilities while you were driving.

Urine testing creates a separate evidentiary issue. A metabolite is an inactive trace left behind as the body processes a substance, and some metabolites remain detectable after active impairment has ended. A positive urine result establishes that a substance was present in the body at some point. It doesn’t, by itself, establish when the substance was taken or how it affected the driver at the time of the stop.

Marijuana DUI Allegations in Florida

Florida treats marijuana as a controlled substance for purposes of its DUI law when it impairs a driver’s normal faculties. The state has no per se THC limit comparable to the blood alcohol concentration threshold used in alcohol cases. Marijuana DUI allegations therefore depend on the complete body of evidence rather than a single THC number.

Officers can base an arrest on driving behavior, physical observations and performance on field sobriety exercises. Prosecutors can also use blood or urine results, although those tests raise questions about timing and active impairment. A medical marijuana card authorizes qualifying use under Florida law, but it doesn’t establish that a person wasn’t impaired while driving. When marijuana, alcohol or another drug is alleged, each substance and its claimed effect must be evaluated separately.

Drug DUI Penalties & Record Consequences

Florida’s DUI sentencing framework applies whether the allegation involves drugs or alcohol. A conviction generally can’t be sealed or expunged and can remain on the driving record for 75 years. It can also result in FR-44 high-risk insurance requirements, professional licensing problems and lasting consequences during employment background checks.

First-Offense Criminal Penalties

For a first DUI conviction, Florida permits a jail sentence of up to six months and a fine of $500 to $1,000. The sentence also includes 50 hours of community service, a 10-day vehicle impoundment, DUI school and probation, with the combined period of incarceration and probation limited to 12 months. These consequences apply whether the allegation involves alcohol, an illegal drug or prescription medication.

Second & Subsequent DUI Penalties

A second conviction increases the potential jail term to nine months and the fine range to $1,000 to $2,000. It also requires an ignition interlock device, installed at the convicted person’s expense, for at least one year on vehicles that person routinely operates. When the second conviction occurs within five years of the first, the sentence includes at least 10 days in jail, with 48 consecutive hours of confinement.

A third DUI committed within 10 years of a prior conviction can be charged as a felony. If more than 10 years have passed, a third conviction carries a fine of $2,000 to $5,000 and up to 12 months in jail. A fourth or subsequent DUI is a felony in Florida regardless of when the earlier convictions occurred.

Administrative License Suspension

The administrative driver’s license matter proceeds separately from the criminal prosecution. In a drug DUI case, refusing a requested breath, urine or blood test can trigger a one-year suspension for a first refusal. A second refusal carries an 18-month suspension, and a criminal conviction can produce an additional court-ordered revocation.

How We Defend Drug DUI Cases in Sarasota

As a former state prosecutor, Jeff Quisenberry understands how the government assembles a drug impairment case. We evaluate the legality of the stop, the officer’s conclusions and whether the scientific evidence supports impairment at the relevant time.

Our review can address several distinct parts of the state’s case:

• Legality of the traffic stop: An officer needs reasonable suspicion before detaining a driver. We examine reports, recordings and the stated basis for the stop to determine whether evidence is subject to suppression.
• Field sobriety exercises: Medical conditions, lack of sleep, physical limitations and the stress of roadside testing can affect performance independently of drug impairment.
• Drug Recognition Expert evaluation: A Drug Recognition Expert uses a 12-step process involving interviews, physical observations and clinical-style tests. We examine the officer’s observations and compliance with that protocol rather than accepting the evaluation as conclusive.
• FDLE toxicology results: Laboratory evidence can raise questions involving chain of custody, contamination, delayed collection and whether a result reflects active impairment or earlier use.
• Potential charge reduction: In an eligible case, a negotiated reduction to reckless driving can avoid a mandatory DUI conviction and its permanent record consequences. Availability depends on the evidence and circumstances of the individual case.

The Drug DUI Process in Sarasota from Arrest to Resolution

A drug DUI arrest creates two separate proceedings. The administrative track concerns driving privileges, while the criminal case addresses the charge and possible sentence. A driver generally has 10 days from the arrest or notice of suspension to request a formal review hearing through the Florida Highway Safety and Motor Vehicles Bureau of Administrative Reviews. If that request isn’t made within the deadline, the administrative suspension takes effect independently of the eventual criminal case result. That short window is a reason to contact a defense attorney promptly after an arrest.

The criminal proceeding is handled in the Twelfth Judicial Circuit at the Silvertooth Judicial Center. Drug DUI cases involve toxicology evidence that isn’t present in a typical breath-test prosecution, making laboratory collection, testing and reporting important parts of the case. We remain available from detention through resolution while addressing both the license proceeding and the criminal charge.

Sarasota County DUI Court is a specialized treatment-court program for qualifying repeat DUI offenders with alcohol or substance dependency. The program can involve supervised probation, counseling and testing. Eligibility and whether that path fits a particular case depend on the person’s record and circumstances.

Contact Us Before the 10-Day Deadline Passes

A drug DUI arrest in Sarasota triggers two separate clocks: one for the criminal case and one for your driver’s license. Early intervention allows us to request the DHSMV hearing, review the stop and arrest, and build the defense while evidence remains accessible.

The Quisenberry Law Firm is available 24/7 to defend you against a drug DUI allegation in Sarasota. Consultations are free. Call (941) 275-2489 today to speak with attorney Jeff Quisenberry.